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HomeMy WebLinkAbout9C - Lift Station Rehab Contrac 16200 Eagle Creek Avenue S.E. Prior Lake, MN 5HW t!JUNCIL AGENDA REPORT DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: FEBRUARY 17, 2004 9C MAKENZIE MCCORMICK, PUBLIC WORKS COORDINATOR BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF A RESOLUTION ACCEPTING THE BIDS AND AWARDING THE CONTRACT FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NUMBER 03-05 DISCUSSION: HISTORY At the December 15, 2003 meeting the Council approved continuing to use WSB to provide professional services regarding the rehabilitation of four lift stations and further approved the addition of three lift stations to the 2003-04 project. On January 20, 2004, the Council approved the plans and specifications and authorized the advertisement of bids for the lift station project. The purpose of this agenda item is to accept the bids and award the contract for the rehabilitation of the seven lift stations identified by City staff. ISSUES: The seven lift stations we are recommending to be completed in 2004 are: . No.3 on Franklin Trail . No.5 on Sycamore . No.7 near Lakers . No. 19 on Boudins . No. 20 near Shady Beach . No. 24 on Lime Road . No. 28 on Fremont Staff originally solicited bids last spring, but after receiving very high prices, the Council rejected the bids and authorized staff to re-bid the project. After the rejection of bids last July, Public Works staff performed the specified renovations to the 150th Street and Condons lift stations. These two lift stations were removed from the bid package and three lift stations, Boudins, Shady Beach and Fremont, were added. These lift stations all require major rehabilitation including replacement of pumps, guide rails, electrical panels, other electrical components and panels, wet well covers and hatches. C:\Documents and Settings\KellyM\Local Settings\Temporary Inte~eR1el81H..~9lJfi\ij~e*Pm accept bids 2.17-04.DOC Phone 952.447.4230 / Fax 952.447.4245 Bids were received and opened on Tuesday, February 10th, 2004 at I :30pm. A total of five (5) bids were received for the lift station project. The low bid was submitted by Carl Bolander & Sons Co. in the amount of $637,884.00. This was lower than the engineer's estimate of $894,500. As a result, staff is recommending awarding the bid to Carl Bolander & Sons Co. for this project. The contractor has considerable experience in such work. FINANCIAL IMPACT: The funding for the project will come from the Sewer Operating Fund, since it is the rehabilitation of existing sewer infrastructure. The engineer's estimate for the total cost of engineering, materials and actual repairs is approximately $1,200,000.00. The low bid totaled $637,884.00. Engineering costs are $145,500. The City will need to purchase and furnish additional materials for the project (SCADA, controllers, pumps, etc.), the approximate cost is $272,000. We anticipate the total project cost to be $1,055,384.00. The CIP has identified these lift station rehabilitation projects as a priority. ALTERNATIVES: The alternatives for the City Council to consider are as follows: I. Approve a resolution to accept the bids and award the contract for the 2003-04 Lift Station Rehabilitation, City Project Number 03-05. 2. Table this agenda item for a specific reason. 3. Deny this agenda item and provide staff with direction. RECOMMENDED MOTION: Staff recommends adoption of Alternative No.1. ACTION REQUIRED: A motion and a second to adopt the Resolution stated above. REVIEWED BY: 2 C:\Documents and Settings\KellyM\Local Settings\Temporary Internet Files\OLK187\agenda receive and accept bids 2-17-04.DOC 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04-XX A RESOLUTION TO ACCEPT ALL BIDS AND AWARD THE CONTRACT FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NO. 03-05 MOTION BY: SECOND BY: WHEREAS, City staff has identified seven lift stations requiring major rehabilitation this year, including the Franklin Trail, Sycamore, Lakers, Boudins, Shady Beach, Lime Road and Fremont lift stations and; WHEREAS, The adopted Capital Improvement Plan for 2003-2007 has identified these rehabilitation projects as a priority for the City, and; WHEREAS, Pursuant to an advertisement for bids for the 2003-04 lift station rehabilitation project, City Project No. 03-05; and WHEREAS, The following bids complying with the advertisement were received, opened, and tabulated according to law: BIDDER AMOUNT OF BID Carl Bolander & Sons Co. $637,884.00 Landwehr Construction, Inc. $689,850.00 Park Construction $706,500.00 Barbarossa & Sons, Inc. $739,000.00 Northdale Construction, Inc. $809,000.00 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The City Council has determined that Carl Bolander & Sons Co. of St. Paul, Minnesota is the lowest responsible bidder. 3. The Mayor and City Manager are hereby authorized to execute the City's standard contract with Carl Bolander & Sons Co. of St. Paul, Minnesota in the name of the City of Prior Lake for the rehabilitation of seven lift stations. 4. The City Manager is hereby authorized and directed to return to all bidders the deposits made with their bid once the contracts have been signed. 5. The funding for the project shall come from the Sewer Operating Fund. C:\Documents and Settings\KellyM\Local Settings\Temporary InteWclMWe~~rfJfil~~e\~P,tt\ accept bids 2-1 7-04. DOC Phone 952.447.4230 / Fax 952.447.4245 Passed and adopted this 17th day of February, 2004. YES NO Blomberg Blomberg Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 4 C:\Documents and Settings\KellyM\Local Settings\Temporary Internet Files\OLKI87\agenda receive and accept bids 2-17-04.DOC STANDARD CONTRACT BETWEEN THE CITY AND CONTRACTOR THIS AGREEMENT made this 17th day of February, 2004, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City') and Carl Bolander & Sons Co. (hereinafter the "Contractor') . Purpose: The City Council has determined that the City should rehabilitate/upgrade seven lift stations throughout the City in accordance with the Plans and Specifications for the "2003 & 2004 Lift Stations Upgrade Project" dated January, 2004. After completing the notification and bidding process, the City Council has awarded bid to Carl Bolander & Sons Co. by Resolution 04-_, subject to entering into this contract. The City and Contractor for the consideration stated below, agree as follows: 1. The Contractor agrees to perform and complete all the provisions of the specifications and plans indicated below in Paragraph 2, as approved by the City for the rehabilitation and upgrade of seven lift stations in accordance with the City's Plans and Specifications described above. 2. Contract and Contract Documents. The following documents attached hereto shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein: · As defined in General Conditions a. Conflicting Provisions. If any provision in this "Standard Contract between the City and Contractor" conflicts with any provision in the Contract Documents referenced above and incorporated herein, the stricter provision which better protects the City and the public interest, shall apply. 3. The Proiect ("Work'" The Contractor shall perform all of the Work, as described for the rehabilitation of the seven lift stations, required by the Contract Documents for the sum of Six hundred thirty-seven thousand eight hundred eighty-four and 00/100 Dollars ($637,884.00). 4. Time of Commencement and Substantial Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Agreement. The Work shall be substantially completed by September 1,2004. a. Startino the Work: 1. The Contractor shall commence the Work in such a manner and at such a time as to expeditiously interface with the Work of other contractors, and shall pursue the Work diligently to completion. 2. The execution of this Agreement by both parties constitutes a Notice to Proceed with the Work, unless the City issues a separate Notice to Proceed designating a different starting time. The Contractor shall promptly provide timely performance according to the immediate progress requirement of the Work. 3. The Contractor shall commence the Work prior to the execution of this Agreement if a Letter of Intent containing a Notice to Proceed is issued by the City. Page 1 of 7 4. Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work without voluntary interruption for any reason, as long as the Work can be performed. The Contractor agreed that it shall continue the Work at all times the Work can be performed, at a pace consistent with good industry practice regardless of pending or current disputes in connection with the Contract Documents. b. Timely Performance. It is the City's intent to complete the Project as soon as possible. The Contractor agrees to cooperate in scheduling and performing the Work to achieve completion of the Project as soon as possible. 5. Contract Sum. The City shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Orders as provided in the Contract Document. 6. Final Payment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. 7. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 8. Insurance and Indemnification. a. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. b. The Contractor shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of its employees or any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom and from claims arising out of the performance of this Contract by the Contractor. The base limits of this policy shall be $1,000,000 combines single limit. c. Before the City executes this Contract, the Contractor shall provide the City with evidence of insurance in a form of a Certificate from the insurer naming all policies. The City shall be an additional named insured on the Contractor's insurance policy. The insurance policies shall contain a provision that they may not be cancelled unless prior written notice thereof is given to the City not less than ten (10) business days prior to the cancellation date. Page 2 of 7 d. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The City shall not be responsible for or have control of safety precautions and programs in connection with the Work. e. Contractor provides the financial protection of the required insurance to benefit both City and Contractor. Providing and paying for the insurance is part of the consideration which Contractor offers City. The City does not represent or warrant that the types of limits of insurance specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability. f. The Contractor shall defend, hold harmless and indemnify the City, its officers, agents and employees from and against any and all claims, demands, actions or causes of action (including court costs and reasonable attorneys' fees) of whatever nature of character arising from the Contractor's performance of the Work herein. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract Documents and shall be free from defects in materials, workmanship, and operation which appear within a period of one (1) year, or within such longer period as may be prescribed by law or in the terms of the Contract Documents, from the date of City's acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Riahts and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Page 3 of 7 11. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Makenzie McCormick City of Prior Lake 17073 Adelmann Street S.E. Prior Lake, MN 55372 12. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of hood quality, free from faults and defects and in conformance with the Contract Documents. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion of the Project and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. If, within one (1) year after the Date of Substantial Completion of the Project or designated portion thereof or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. This obligation shall survive both final payment for the Work or designated portion thereof and termination of the Contract. The City shall give such notice promptly after discovery of the condition. 14. City's Riaht to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provisions of the Contract, the City may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the Page 4 of 7 payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 15. Chanae Orders. The Contract Sum may be changed only by written Change Order approved by the City Council. The cost or credit to the City resulting from a Change Order shall be determined in one of the following manners: (1) by mutual acceptance of a lump sum; or (2) by unit prices stated in the Contract Documents as subsequently agreed upon. Any request for Change Order must be certified as true, correct and accurate by the maker to avoid fraudulent requests. 16. Unauthorized Work. Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or fails to make prompt payment to subcontractors or for materials or labor or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails within seven (7) days after receipt of written notice to commence and continue correction of such default, neglect or violation with diligence and promptness, the City may, without prejudice to any other remedy the City may have, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractors and may finish the Work by whatever methods the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 18. Prompt Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment by the City of undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorneys' fees, incurred in bringing the action. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his subcontractors in a similar manner. 19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor, and not an employee of the City. 20. Affirmative Action Policv. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment on the basis of race, color, religion, sex marital status, national origin, ancestry, age, and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 21. Miscellaneous. Page 5 of 7 a. This Contract shall become effective only upon its execution by both the City and the Contractor. This Contract shall not be modified, rescinded, waived or terminated without the approval in writing of the City Council. b. The City shall be allowed to audit Contractor's books and records during regular business hours upon five (5) days written notice. c. The Contractor and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. d. This Agreement shall be governed by the laws of the State of Minnesota. e. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, the Contractor shall be deemed an employer. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove first written. CITY OF PRIOR LAKE CONTRACTOR By: By: Jack G. Haugen, Mayor Its: By: Frank Boyles, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2004, by Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) Page 6 of 7 The foregoing instrument was acknowledged before me this the behalf, Contractor. , a Page 7 of 7 day of , 2004, by of , on Notary Public